SURESH VISHWANATH @ KARUTHUPANDI Vs. STATE AND OTHERS

JUDGEMENT

(1.) This petition has been filed seeking to quash the criminal proceedings pending in SC No. 577 of 2017, on the file of the District Mahila Court, Tirunelveli.

(2.) The petitioner is the fourth accused in SC No. 577 of 2017. The de facto complainant gave a complaint before the first respondent Police, alleging that his daughter who was aged about 19 years at the time of occurrence, was abducted by seven accused persons on 29.10.2015 at about 1.30 pm and was taken away in a Car. Before leaving the place, the accused persons abused the de facto complainant and also threatened him with dire consequences. The complaint was taken on file and an FIR was registered in Crime No. 251 of 2015 for an offence under Sections 147, 148, 448, 294(b), 323, 506(ii) and 363 of IPC, against all the seven accused persons. The victim girl returned home on 31.10.2015 and statement was also taken from her by the respondent Police. Thereafter, the case was investigated and a final report was filed by the first respondent before the Judicial Magistrate, Tenkasi for the offence under Sections 147, 148, 448, 294(b), 323, 506(ii) and Section 366 of IPC. The said final report was taken on file in PRC No. 13 of 2017 on 15.02.2017. Thereafter, the case was committed to the District Mahila Court, Tirunelveli and was numbered as SC No. 577 of 2017. This final report is now being challenged by the petitioner, who has been arrayed as A-4 in this case.

(3.) The learned Senior Counsel for the petitioner has fairly submitted that the petitioner is not questioning the final report insofar as the offence under Sections 147, 148, 448, 294(b),323 and 506(ii) of IPC is concerned and the entire argument is confined only to the offence under Section 366 of IPC, which has been added in the final report.